Oklahoma has some of the harshest penalties in the country for marijuana use. There’s a big difference between possessing marijuana and trafficking marijuana when it comes to penalties, and if you are being charged with either one, having a criminal defense lawyer in Oklahoma City on your side is the best way to protect your rights and ensure the best possible outcome.
How Does Oklahoma Distinguish Between Possession and Trafficking of Marijuana?
The difference between possession and trafficking is down simply to the amount of drugs. If you have 25 pounds or more of marijuana in your possession, it really doesn’t matter what you intended to do with it or whether the state can find any proof that you planned to sell it: simply having that amount is enough to trigger a trafficking charge.
Here’s how it all plays out.
Possession
Possession of marijuana, if it is the first conviction, is a misdemeanor that comes with up to a year of jail time and up to $1,000 in fines. If it’s your first offense, it’s very common for the court to conditionally release you on probation. If you’re able to successfully complete the probation program, then the charges are dismissed, and you have nothing on your criminal record. However, this is only possible for a first-time offense.
For a second offense, it’s still a misdemeanor and the possible jail time remains one year and the fine is still up to $1,000, but this time there is no chance for probation. However, you may be able to enter a one-year diversion program instead of going to jail.
For the third offense, there is a minimum 30-day jail sentence, even though the charge itself remains a misdemeanor. On top of that 30 days, you may also be sentenced to up to a year in jail, but the judge can instead order you onto a three-year diversion program instead of that additional time in jail.
If you are caught in possession of marijuana a fourth time or more, it becomes a felony. The possible jail time goes to one to five years and the fine is $5,000. If you’re eligible, and your lawyer is able to argue for it, you may be put in a diversion program for up to three years and, if you complete it successfully, the felony charges could potentially be reduced to a misdemeanor.
When You Have Drug Paraphernalia
A simple possession charge could become more complicated if you are caught with drug paraphernalia. Having drug paraphernalia itself, regardless of whether there are drugs present, is a misdemeanor punishable by up to a year in jail and up to $1,000 in fines for a first offense, $5,000 in fines for a second offense, and $10,000 in fines for subsequent defenses. Having drug paraphernalia with you at the time that you’re caught in possession of marijuana could potentially move you from a simple possession charge to a charge for intent to distribute. Intent to distribute is less serious than trafficking but still far more serious than a possession charge.
Possession with intent to distribute is a felony and comes with a minimum of two years prison time and a possibility of life in prison, even for your first defense. It’s very important to notice that the law calls it possession with intent to “distribute,” not “sell,” and that means the police do not have to find evidence that you were actually taking money for the drugs in order to charge you. Simply sharing your drugs with someone else is distribution.
You can be charged with this for having more than what the police believe is appropriate for personal use or for having him any amount in conjunction with paraphernalia that is typically used for distributing or selling drugs, such as baggies, scales, cash, etc.
Marijuana Trafficking and Aggravated Trafficking
As stated above, if you have 25 pounds or more of marijuana, a trafficking charge is automatically triggered. This charge is quite different from possession or even from possession with intent to distribute. Because of the amounts involved, the police have no requirement to find the slightest evidence that you intended to sell the marijuana. The very fact that you have it is enough.
If you have anywhere between 25 and 999 pounds, the minimum prison sentence is four years and the fine is $25,000-$100,000, depending on whether this is your first offense or not and what other aggravating factors there might be. Four years is just the minimum required sentence: you can be given a prison sentence for up to life.
Aggravated trafficking is applied when you have 1,000 pounds or more of marijuana in your possession. At that point, the fine goes up to between $100,000 and $500,000, depending on the nature of the infraction, how much marijuana you have exactly, and your criminal record. At that point, you’re looking at a mandatory 15 years in prison and up to life.
Other Things to Know
A number of circumstances can make your drug charge much worse, whether you’re facing a possession charge, intent to distribute charge, or trafficking charge. If you have drugs within 1,000 feet of a school or park, you will automatically go from a misdemeanor to a felony charge. The same as true if you have drugs in the presence of a child under the age of 12. If you’re caught distributing or trafficking anywhere near a public park, public housing, or a school, your fines and the prison sentences can be doubled, and you may be facing a much longer mandatory prison sentence.
Other things that can make the charge worse include having prior convictions or having an especially large amount of drugs. Naturally, your behavior at the time of the arrest will matter as well. If you are uncooperative with the police, this will often weigh against you when it comes time to plea bargain or bring your case in court.
Getting Help From an Oklahoma Criminal Defense Lawyer
If you’ve been charged with any marijuana crime, even if it’s simple possession, a lawyer can do a lot to help you. A defense attorney can help you understand the specific charges and potential penalties that might come along with it so you can build a strong strategy right from the beginning. Your lawyer will also keep you from making any statements to the police or prosecution that could harm your case or be used against you in court.
A skilled and experienced attorney can also help you build a strong defense by investigating the entire incident, collecting and presenting evidence, questioning the methods used by the crime lab analysts, and challenging the chain of custody of the seized drugs. A lawyer can work to get the charges lowered or even dismissed in some cases where the evidence is weak, challenge the assertion that the drugs were actually yours, and look into whether your rights were violated during the investigation.
Even if the evidence against you is strong and your options are limited, an experienced drug crimes attorney knows how to plea bargain effectively and argue for you persuasively in court.
For fierce criminal defense, contact Cannon & Associates today in Oklahoma City, OK for a consultation.